Are professional fees paid by a professional under a Will?

British Columbia, Canada


The following excerpt is from Jackson et al v. King et al, 2006 BCSC 749 (CanLII):

In Lohn Estate v. McNicol, [1993] B.C.J. (Q.L.) No. 1273 (B.C.S.C.), Meredith J. followed the decision in Re Gates, supra, stating: In the absence of a "charging clause" in the Will which permits executors who are professionals to charge and be paid their usual fees and disbursements for the performance of services in their professional capacity, are payments of fees on account of professional services authorized expenses of the estate? The answer to that question is "yes" provided firstly, that the executors who are professionals do not profit from the fees, (even if partners are retained to perform the services) and secondly, that the fees are not charged for giving advice on the routine administration of the estate. (at paras. 16-17) Thus, if the professionals who were executors employed their partners to act in their professional capacity, the professional charges would not be deducted from the executor's remuneration if there were proper safeguards against any portion of the profits coming into the hands of the professional trustees. (at para. 21)

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